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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    In outline as from 1st October 2006 the main provisions of the Employment Equality (Age) Regulations 2006, SI 2006/1031:-

    1. make direct and indirect age discrimination illegal in employment unless objectively justified (whether on grounds of youth or of old age, and including terms of recruitment, job-advertising, promotion and training - Age Regs 2006 reg 3 and see notes at Age discrimination/2006 regulations/justification defence );
    2. make all retirement ages under 65 illegal unless objectively justified (Age Regs 2006 reg 3 combined with Age Regs 2006 reg 30);
    3. remove upper age limits for unfair dismissal rights and statutory redundancy payments but the age-banded method of calculating statutory redundancy payments and unfair dismissal basic award remains (see notes at Unfair dismissal/age limits and/or Redundancy/age limits ).
    4. require employers to give proper consideration to an employee's request to continue working beyond retirement; and
    5. require employers to give written notice to employees at least 6 months in advance of their intended retirement date.

    Benefits which depend on length of service requirements of 5 years or less or which recognise and reward loyalty and experience and motivate staff will continue to be lawful and there will be exemptions for many age-based rules in occupational pension schemes. The regulations will not affect the age at which people can claim their state pension (see notes at pension age).

    All age limits are being removed for statutory sick pay, statutory maternity pay, statutory adoption pay and statutory paternity pay.

    In September 2006 the date for coming into force of the pensions-related parts of the Regulations (Age Regs 2006 reg 11 and Age Regs 2006 sch 2) was put back from 1st October 2006 to 1st December 2006 to give schemes more time to adjust to the new regulations following significant activity in the pensions sector. The changes were, in the event, made with effect from 1st December 2006 by the Employment Equality (Age) (Amendment) Regulations 2006, SI 2006/2408. Failure to remove age discriminatory provisions in a pension scheme could be costly as it could result in levelling up of benefits from 1st December 2006 until appropriate changes are made to the scheme.

    The BERR (formerly DTI) provides a useful series of DTI Fact sheets on Age Legislation on their website and there is a series of semi-official useful Age Positive Guidebooks designed "to help employers get to grips with some of the most common issues raised since the age regulations were implemented".

    See other notes at Age discrimination/2006 regulations generally and in particular Age discrimination/2006 regulations/an index and text and/or Age discrimination/2006 regulations/justification defence .


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    updated Feb2009
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